Public notice: Village of Manchester

Village Hall, Village of Manchester

VILLAGE OF MANCHESTER
NOTICE OF ADOPTION
ORDINANCE No. 312

AN ORDINANCE TO AMEND THE VILLAGE ORDINANCE, ORDINANCE NO. 231 OF 1998, AS IT IS INCORPORATED IN THE VILLAGE OF MANCHESTER CODE OF ORDINANCES, TITLE XI: BUSINESS REGULATIONS, CHAPTER 112: PEDDLERS, SOLICITORS AND THE LIKE.

THE VILLAGE OF MANCHESTER, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:
That the Village of Manchester Code of Ordinances, Title XI-Business Regulations, Section 112-Peddlers, Solicitors and the Like, Sections 112.35, 112.36, 112.37, 112.38 and 112.39 are hereby amended to read as follows:

§ 112.35  LICENSE REQUIRED.

1. No person shall engage in a temporary business of selling goods, food either prepared or unprepared, wares, merchandise, or other services at retail within the village from any lot, premises, building, room, or structure, including railroad cars, without first obtaining a license therefor.  No license shall be granted except upon certification of the Village Manager and Village Clerk. The Village Council will set by resolution the requirements and fees to obtain a license. 
2. A license issued pursuant to this ordinance shall not give permission for the transient merchant to conduct or set up a business on public property or rights-of-ways without separate, prior permission.  Transient merchants may set up business on private property, with the permission of the property owner.
3. The area in which the transient merchant sets up business shall not diminish or reduce the number of parking spaces required, if any, in the area, locale or site pursuant to the Village of Manchester Zoning Code.

Sec. 112.36  TEMPORARY BUSINESS DEFINED.

Transient merchant means any person, firm, or corporation, as principal or agent, or both, which is not a regular retail or wholesale merchant with a fixed and permanent retail place of business in the village, but rather one who displays samples and/or sells, goods, wares, merchandise, food or services in any temporary location, for immediate or future delivery. The term shall not apply to any of the following:

• A person handling vegetables, fruits, perishable farm products or goods produced by the individual.
• A person operating a mobile or temporary or portable stand, booth or truck on the property owned by him/her. 
• A person selling at a festival or similar event at the invitation of the event’s sponsor if the sponsor is a governmental entity, a nonprofit organization (under IRS rules) or has been sanctioned by the Village. 

§ 112.37  EXEMPTION.

   Persons conducting a business licensed under another provision of this code shall be exempt from the requirements of §§ 112.35et seq. as to the licensed business.

Sec. 112.38 RESPONSIBILITY OF SPONSORING ESTABLISHMENT

If a fixed or permanent retail place of business in the village allows a transient merchant to do temporary business at their location, then the fixed or permanent retail place of business assumes accountability for the transient merchant registering with the village and liability for paying all unpaid applicable fees.

Sec. 112.39  OTHER REQUIREMENTS

1. Appropriate waste receptacles shall be provided at the site and all litter, debris and other waste shall be removed on a daily basis.
2. No flashing, blinking, strobe lights or similar effects to draw attention to the vendor shall be used.  All exterior lights over 60 watts shall contain opaque, hood shields to direct the illumination downward.
3. Vendors shall not use loud music, amplification devices or “crying out” or any other audible methods to gain attention.
4. There shall be no signage used by vendor except for what is allowed on the vehicle or unit itself.
5. Vendors shall comply with all applicable Village ordinances.
6. Vendors shall not represent the granting of a permit under this ordinance as an endorsement of the Village.

Severability
If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance.

Effective Date
The Village Clerk shall cause this Ordinance, or a synopsis of this Ordinance, to be published in the manner required by law within fifteen (15) days after it has been duly adopted by the Village Council.  The effective date shall be the 20^th day after the date of publication.

Adopted:  09/06/2022
Published:  09/14/2022
Effective:    10/04/2022

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by Sara Swanson

Sara Swanson is an editor, writer and founder of the Manchester Mirror.